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- The Ontario Court of Justice ruled that a mandatory search by a school official, though lacking reasonable grounds, had not violated the student's right to freedom from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms.
www.mondaq.com/canada/education/1127018/students-charter-rights-not-violated-ontario-court-of-justiceStudent's Charter Rights Not Violated: Ontario Court Of Justice
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Nov 2, 2021 · The Ontario Court of Justice ruled that a mandatory search by a school official, though lacking reasonable grounds, had not violated the student’s right to freedom from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms.
Jun 6, 2024 · The Supreme Court held that the Fourth Amendment applies to searches conducted by school officials. However, the Court also ruled that school officials do not need a warrant or probable cause to conduct a search. Instead, the search must be "reasonable" under the circumstances.
Nevertheless, a personal search of a student (i.e., a search of their person or items carried on their person) interferes with a reasonable expectation of privacy (M. (M.R.), supra at paragraphs 32-33).
Jan 8, 2012 · Although guaranteed by the Charter of Rights, a student's privilege to be secure from unreasonable search and seizure must be balanced with the educators' long-standing responsibilities to protect pupils from enticement into illegal behaviour, to ensure safety of persons and property and to provide a proper educational environment.
Section 8 of the Canadian Charter of Rights and Freedoms provides that everyone has the right to be secure against unreasonable search or seizure. This section therefore protects the reasonable expectation of privacy.
As a principal, I must balance my desire to keep the drugs out of my school with my students' privacy rights. Otherwise I may risk violating the Charter of Rights and Freedoms, which states everyone has the right to be secure from unreasonable search and seizure [case para. 172]. H: You make a very good point Meryl.
violation of students' Fourth Amendment rights may be used against students in school disciplinary or criminal proceedings, whether students' legitimate expectations of privacy extend to the contents of their desks and lockers, and
